How is a personal data breach legally defined?
A personal data breach is a security incident leading to the accidental or unlawful destruction, loss, alteration, or unauthorized access to data.
What does profiling entail under the data privacy rules?
Profiling is the automated processing of personal data to evaluate or predict an individual’s work performance, health, preferences, reliability, or movements.
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Are journalists completely exempted from the Data Privacy Act?
Data processed for journalistic, artistic, or literary purposes is exempted to uphold the constitutional freedom of speech, expression, and the press.
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Can journalists be compelled to reveal their sources under the Data Privacy Act?
Accredited reporters and publishers cannot be compelled to reveal the confidential sources of any news report or information appearing in their publications.
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What is the role of the National Privacy Commission regarding public education?
The Commission is legally mandated to inform and proactively educate the public regarding data privacy, data protection, and fair information rights.
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What are the specific qualifications for members of the Commission’s Secretariat?
The majority of the Secretariat must have served at least five years in a government agency involved in processing personal data.
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Are the Privacy Commissioner and Deputies civilly liable for their official acts?
Officials are not civilly liable for good faith acts, but remain fully liable for willful or negligent acts contrary to law.
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What does the principle of data quality require regarding inaccurate data?
Inaccurate or incomplete personal data must be immediately rectified, supplemented, completely destroyed, or its further processing actively restricted to ensure quality.
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Does a data subject have the right to know if their data is processed?
Data subjects have the absolute right to be formally informed if their personal data is being processed, including any automated decision-making.
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Is sensitive personal information allowed to be processed for medical treatment?
Processing sensitive data is allowed if entirely necessary for medical treatment conducted by a medical practitioner ensuring adequate data protection.
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